56 Fossgate, York (17/00071/LBC)
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COMMITTEE REPORT Date: 6 April 2017 Ward: Guildhall Team: Major and Parish: Guildhall Planning Panel Commercial Team Reference: 17/00071/LBC Application at: 55 - 56 Fossgate York For: Erection of metal banner sign spanning between numbers 5 and 55 - 56 Fossgate By: York Civic Trust Application Type: Listed Building Consent Target Date: 7 April 2017 Recommendation: Refuse 1.0 PROPOSAL 1.1 The application is for listed building consent for a metal banner sign across the top of Fossgate, facing Pavement, approximately in the location of the existing unauthorised plastic banner. The sign will be constructed from steel with the words 'Fossgate - Merchants' Quarter' in the centre beneath a central scroll feature. To either side and within the scroll feature will be images of fish. Finishes will be either black paint or milled stainless steel for the fish. 1.2 The intended purpose of the sign is to increase the visibility of Fossgate and to make it more attractive as a commercial and tourist area; to make the area more appealing and accessible; and to draw visitors, residents and business users to enter Fossgate and beyond. 1.3 The site is within the Central Historic Core Conservation Area. To the West, the banner will attach on to No. 55-56 Fossgate, a Grade II listed building, and to the East, the banner will attach to The Terrace PH, a building identified as a detractor within the Conservation Area Appraisal. 1.4 In support of their application The Civic Trust state: ‘.. we believe that the proposed banner is an elegant and tasteful addition to the streetscape which offsets the negative appearance of the detractor building to the left of the entrance to Fossgate; which replaces the tatty existing canvas banner and hides some of the existing clutter; and draws positive attention to the street beyond the banner. It goes some way to redressing the damage to the medieval streetscape which was caused by the building of Stonebow, the street, in the 1960s, by reasserting the ancient route from Colliergate continuing down Fossgate and Walmgate. The long distance views of the Minster are not Application Reference Number: 17/00071/LBC Item No: 4b Page 1 of 7 damaged from any significant aspect, and indeed benefit by framing from some aspects.’ 1.5 Councillor Craghill has requested that the application is determined at sub- committee. She notes that the application has been submitted in conjunction with York Civic Trust and Fossgate traders. She adds that Fossgate, as part of the city centre, is a matter of key concern for many residents and it is in the public interest for the application to be considered at committee. 2.0 POLICY CONTEXT 2.1 Development Plan Allocation: Areas of Archaeological Interest GMS Constraints: City Centre Area 0006 Conservation Area GMS Constraints: Central Historic Core CONF Listed Buildings GMS Constraints: Grade 2; 55 - 56 Fossgate York 0789 2.2 Policies: Development Control Local Plan policy HE4 “Listed Buildings” Emerging Draft Local Plan policy D5 “Listed Buildings” 3.0 CONSULTATIONS INTERNAL Planning and Environmental Management (Conservation) 3.1 The Conservation Officer objects to the proposed signage for the following reasons: Impact on the setting of the Conservation Area and listed buildings. The sign impacts on historic views along Fossgate, part of the main Roman road in to the city. The sign 'rebrands' Fossgate with the fish detailing and 'Merchant's Quarter' title only portraying part of the complex history of the site. This is misleading and potentially constructs a false history for the area. There are no special circumstances for siting the sign above Fossgate and which would limit the spread of such signage to other sites within the city. Concern about the impact of the structure on the listed building. The general design of the proposal draws the eye and indicates arrival at a destination. Other examples in York at the Coppergate centre and Shambles market are representative of a signage which is outdated and not currently seen as best practice. The only comparable example of signage is at the Olde Starre Inne on Stonegate which appears to have been provided to compensate for the lack of street frontage of the property. Application Reference Number: 17/00071/LBC Item No: 4b Page 2 of 7 The NPPF (para. 132) requires great weight to be given to the conservation of heritage assets. Fossgate does not appear to be a failing street, so there is no potential public benefit to be considered to outweigh the harm to a heritage asset which has been identified. Other less harmful options should be considered before such signage is allowed. Planning and Environmental Management (Landscape Architect) 3.2 The landscape architect has expressed concern about the impact of the proposal on the natural flow of buildings and views along Colliergate, Fossgate and down to Walmgate. The metal banner adds unnecessary clutter and also briefly interrupts the view of the street facade. From the opposite direction, the banner also cuts through views of the Minster. The proposal introduces a contrived structure/gimmick in an otherwise historically evolved street. The proposed signage suggests a gateway or entrance, and a separation between Colliergate/Pavement and Fossgate; this is inappropriate because Fossgate is a street that continues from another in each direction. Fossgate is not a separate entity. The proposal represents an out-moded approach to drawing attention to a shopping area and is a form of development which is more often used when a street is failing to draw attention to it by introduced artifice. EXTERNAL Publicity and neighbour notification 3.3 None received. Conservation Area Advisory Panel 3.4 The CAAP felt that whilst this should not set a precedent within the city they accepted that Fossgate was a special case and there was a need to draw attention to the street. The Panel was content with the design of the sign. Two members of the Panel are members of the York Civic Trust Planning Team and they did not express an opinion on this application to avoid any conflict. Five out of seven attendees of the March Panel are members of the York Civic Trust. 4.0 APPRAISAL 4.1 KEY ISSUES Policy context Impact on the historic character, appearance and setting of the listed building POLICY CONTEXT Application Reference Number: 17/00071/LBC Item No: 4b Page 3 of 7 4.2 The starting point for listed building control is Section 16 (2) of the Planning (Listed Buildings and Conservation Areas) Act 1990. This states that in considering whether to grant listed building consent for any works, the local planning authority shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses. National Planning Policy Framework 4.3 Para.131 of the NPPF states that: 'In determining planning applications, local planning authorities should take account of: the desirability of sustaining and enhancing the significance of heritage assets and putting them to viable uses consistent with their conservation the positive contribution that conservation of heritage assets can make to sustainable communities including their economic vitality the desirability of new development making a positive contribution to local character and distinctiveness.' 4.4 Para.132 goes on to say: 'When considering the impact of a proposed development on the significance of a designated heritage asset, great weight should be given to the asset's conservation. The more important the asset, the greater the weight should be. Significance can be harmed or lost through alteration or destruction of the heritage asset or development within its setting. As heritage assets are irreplaceable, any harm or loss should require clear and convincing justification.' LOCAL POLICY 4.5 The Development Control Local Plan was approved for Development Control purposes in April 2005; its policies are material considerations although it is considered that their weight is limited except where in accordance with the content of the NPPF. Policies considered to be compatible with the aims of the NPPF and Policy HE4 'Listed buildings' requires that development within the vicinity of listed buildings has no adverse affect on the character, appearance or setting of a listed building. 4.6 The planned consultation on the Preferred Sites for the emerging City of York Local Plan went before Executive on 30 June, following a meeting with the Local Plan Working Group on 27 June. The proposals have now been subject to an eight-week public consultation, the results of which are still awaited. The emerging Local Plan policies can only be afforded very limited weight at this stage of its preparation, in accordance with paragraph 216 of the NPPF. However, the evidence base underpinning the emerging Plan is a material consideration. Policy D5 'Listed buildings' recommends that proposals affecting the setting of a listed building will be supported where they protect its setting, including key views, approaches and Application Reference Number: 17/00071/LBC Item No: 4b Page 4 of 7 aspects of the immediate and wider environment that are intrinsic to its value and significance. IMPACT ON THE CHARACTER, APPEARANCE AND SETTING OF THE LISTED BUILDING 4.7 Nos.55-56 Fossgate dates back to the late 18th Century with a more recent shopfront added to the building. It is constructed in buff/grey bricks with orange brick detailing and is 3 storeys in height with wooden sash windows to the upper floors. The Conservation Area Appraisal highlights the view from Foss Bridge along Fossgate towards the Minster as being one of the key historic views into the city. Fossgate and Walmgate follow the main Roman road in to the city from the East leading to the Porta Principalis Sinistra (now King's Square).